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(영문) 수원지방법원 2018.01.12 2017노7375

건조물침입등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (10 million won in penalty) is too unhued and unreasonable.

2. The fact that the defendant had a record of having been punished several times due to the same crime, in particular, committed the crime of this case during the period of repeated crime, etc. is disadvantageous to the defendant.

On the other hand, the fact that the defendant is against the defendant's wrong recognition of his fault, the compensation for the damage to the victim, and the agreement with the victim is favorable to the defendant.

Considering the above circumstances and the Defendant’s age, sexual conduct, environment, motive for committing a crime, and circumstances after committing a crime, it is difficult to view that the lower court’s punishment is too uneasible and unreasonable in light of the overall consideration of the following circumstances, given that there is no special change of circumstances that may be assessed differently from the sentencing conditions of the lower court.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.